2013-01-15
2013-01-23
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portion of the program will be moderated by a professor geoffrey hazard, a distinguished professor of law at uc hastings. the professor is a leading expert in the field of civil procedure of legal ethics and is good at asking questions. it is my pleasure to introduce our very special guest, stephen zack, president of the american bar association. with nearly 400,000 members, it is the largest volunteer professional membership organization in the world. mr. zack is the first hispanic american to serve as the president and the second to be born abroad. he was only 14 when his family emigrated from cuba under harrowing circumstances, including last minute detention by the secret police. he made it here. in two lines -- and two lines come to mind when i think of him. "this is my country, land of my choice. this is my country, here i found voice." what a voice it is. he earned his aba at the university of florida and he is now in their hall of fame. he is a partner in the miami office of the national law firm. his clients range from former vice president al gore to philip morris, to the nation

a federal laws if they are prohibited from enforcing federal immigration laws. they don't certainly want to enforce federal laws they deemed to be unconstitutional. oregon sheriff tim mueller says it is all about the second amendment. he joins us next. executive orders, executive actions. this president's actions on the second amendment constitution. attorneys join us to argue the issues and the cnstitution. issues and the cnstitution. the. are you flo? yes. is this the thing you ga my husband? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. that explains a lot. yo, buddy! i got this. gimme one, gimme one, gimme one! the power of the "name your price" tool. only from progressive. ♪ lou: well, the algerian government reportedly rejected offers of help from the united states and european powers, and there are also reports that they rejected a request by the white house to be extraordinarily careful and cautious in dealing with the hosta

because they may be part of a national law enforcement database? how is that going to prevent any crime? you know a tiny fraction of murders occur from mentally ill people. there is no connection between reality and the president is proposing, whether it's newtown, violence on the street. what we need is criminal control. it's not a problem with mentally ill people or people that legally have arms, it's not a problem with a whole bunch of people, but this thing seems to address. here is the bigger problem. not only does he use the obamacare law to force doctors to report on their patients -- by the way, here is a question. let's say a doctor doesn't report on a patient because he doesn't think the patient is dangerous. that patient goes out and kills somebody. the family. person that was killed, that doctor a legal obligation under obama's legislation to reported it and -- says, i didn't know. that doctor is going to be caught up in litigation forever whether he failed to report or should have report. i can give you a thousand examples like that. these are private citizens dealing deput

.s. history that have transformed the laws of the country and illuminated protections afforded to religion in the u.s. constitution. this interview, part of booktv's college series, was recorded at the university of pennsylvania in philadelphia. it's about 20 minutes. >> host: university of pennsylvania professor sarah gordon, "the spirit of the law" is her most recent book. what do you mean when you talk about the old constitutional world and the new constitutional world when it comes to religion? >> guest: well, for most of our nation's history, it was the states rather than federal government that controlled access to religious worship, the rights of religious organizations and so on. and in the early decades of the 20th century, that began to shift as the supreme court applied the national constitutional establishment and free exercise clauses of the first amendment against the states sort of centralizing debates about religion. >> host: but if the states had the control, we had it written into our constitution, freedom of religion. >> guest: we did, indeed. but the first amendment beg

will hear from a constitutional law professor adam winkler. from the johns hopkins school of public health in baltimore. this is about 20 minutes. >> he is certainly one of the great emerging voices, insightful and influential of the nature of the meaning of the second amendment in the wake of the supreme court's decision, so thank you for joining me in this effort. i want to thank the organizers, everyone from the president down to staff that has organized a terrific and hopefully impact full conference. i am not going to talk with any power. as a law professor i do not like the focus on anyone but me. i am here to talk about the amendment to the constitution and what it says about major reform proposals being considered in the wake of the new town massacre. as you probably know, the second amendment provides a well-regulated militia being necessary to the security of a free state, the right of the people to bear arms shall not be infringed. it is almost as if james madison just discovered this wonderful new thing, the comma, and wanted to put it in there as many times as possible, and is

and you'll hear from our studio audience, a former law enforcement official, gun rights activists who know firsthand why so many americans have chosen to arm themselves in order to protect their families. first, let's recap what was proposed earlier this we thiek. in addition, the president outlined legislative proposals and calling for the passage of a universal background check, something that critics say could lead to a gun ordinance data base and wants the assault weapons ban reinstated, an a ten round limit on magazines, and restrictions on bullets that can be possessed and manufactured and discussed a new gun trafficking law that penalizes those who help criminals obtain firearms, on wednesday, the americans called on americans to pressure their ehe lekted representatives in supporting these measures. let's take a look. >> get them on record, ask your member of congress if they support universal background checks to keep guns out of the wrong hands, ask if they support a ban on military style assault weapons and high capacity magazines, if they say no, ask them why not. ask them what

is georgetown university law center professor -- excuse me, law center dean, william trainor. thanks for watching. >> issues like immigration and gun control and what's done with it particularly now in the wake of the terrible murders of children in newtown, connecticut, and privacy and civil liberties and judicial nominations. a couple years ago i had the privilege to introduce senator leahy as he spoke at the new see yum -- newseum, that was a fascinating speech and i know today will be a very important speech on a very important series of topics. after the senator speaks we'll then have question and answer period. let me present to you senator leahy. [applause] >> thank you very, very much. they were fortunate when they had you down there, but my alma mater is fortunate to have you here now. you said about making the choice of georgetown. i was saying to my wife and others, that as i was preparing for this speech i thought, again, just how pleased i made the choice i did on committee assignments. i actually look forward to being back here at georgetown to talk about my agenda. i h

, and mandarin. and then -- and then, roger, you will -- >> yes. i am an attorney in private practice. the laws in this area are strict compliance laws, and they are very specific. the federal law since 1990 indicates issues from 1998. all businesses, such as a grocery store, a dentist's office, restaurants, a doctor's office, virtually anything that a member of the public comes into the -- comes into needs to be a barrier-free. we will go over what barriers are. every public accommodation needs to be wheelchair-accessible. there are also other other forf disability. most of the issues we are hearing about are wheelchair accessibility issues. there is a small group of private individuals who are wheelchair-down that go around the city and they look at small businesses. and i dare say anybody in small restaurants have some accessibility issues. it is another attempt at making your building wheelchair accessible. i am not sure which of you may be merchants and which it may be landlords. the law applies to both. and that means you were 100% liable for any barriers to access and any damages that m

ability to say, did you actually choose that and did you choose it in a way that the law would recognize. so the law all of the time develops concepts that scientists are interested in studying. it might be competency, for example. well, competency is really a multifaceted construct from a legal perspective. it could be competency to be executed, it could be competency to commit a crime. it could be competency to contribute to the decision as to whether voluntarily commit yourself to a mental hospital. it could be competency to participate in an abortion decision. so competency means many different things. the first thing you have to do as a scientist is ask the question, well, what does the law mean by it because if you want me to measure it, i have to somehow apply it. so going back to the question of free will, because a scientist can't operationally define it, they can't measure it, they're not really that much use to legal debates about free will. now, what does it mean on the legal side? i actually think the idea of free will or what is often referred to as volitional control plays

like anyone else under the law. for if we are truly created equal, then surely the love we commit to unanother must be equal, as well. our journey is not complete until we find a better way to welcome the striving, hopeful immigrants who still see america as a land of opportunity. until bright, young students and engineers are listed in our workforce rather than expelled from our country. we know that america thrives when every person can find independence and pride in their work. when the wages of honest labor liberate families from the brink of hardship. we are true to our creed when a little girl born in to the bleakest poverty knows that she has the same chance to succeed as anybody else. >> and joining me now with his reaction to the president's speech yesterday, democratic congressman from maryland, chris van hollen. thank you so much for your time. >> it's great to be with you, tamron. >> as have perhaps read yourself or heard "the new york times" is calling the president's unapologetic, evolved. we ask the question, is this the liberal reagan? what is your thoughts on this

collaboration, communes case and experience of all of members of our community, teachers, law enforcement, and the affected families will work to make our schools safer, stronger, and more united. that's why we're here today to prevent another sandy hook. we all have to work together to end gun violence. i hope we can continue that conversation today and make our children safer. thank you. >> i would like to thank our leader and co-chair for this honor. we come to this room today from different places and many different backgrounds. the last few months we have seen too many of our fellow countrymen gunned down in the streets. i represent camden, new jersey. a city of 80,000 have had 70 homicides this year. we see our neighbors die in shopping malls, movie theaters, college campuses and horrifically 31 days ago an elementary school. we are bonded together by one common conviction and that is our belief that is not inevitable. we can make choices to stop this from happening again. we believe that consistent with good medical practice, we can improve our mental health system so those who are

coming together of law enforcement, educators and industry and a variety of other folks and nonprofits organizations and really understand the issue and dive into it. it's been awesome and a ton of learning has gone into this. alice is amazing. everything that happened with time warner and got together a year ago and partnered up on this and wouldn't it be great if we got two major media organizations together, one traditional media which has a a lot of strength in eaching people via tv and one reaching people socially and if you could gather these together imagine what we can do? and so i think you called sizzle real. it was a sizzling experience to be in a high school in hare land and felt like a football pep rally but it was about bullying and they all took the pledge to stop it when they see it and amazing experience and tip of the hat to time warner to really understanding the issue and putting the weight of the media empire behind it to reach people, and second of all understanding how you sort -- there is the bully and there is the person being bullied but what if we got the

the federal law they're much more common in the state's that don't do much of the gun shows and in the state's generating some publicity i heard that open air market that i've shown you pictures of have basically closed with the promoter saying you can't sell guns there so i went back and this time shooting the video from the united corps but indeed they have absolutely no gun sales but everybody has congregated about 150 feet up against the building. he was relocated about a 32nd flock. the other thing that happened, and jamie was kind enough to mention they were kind of winding down the office in the city of new york sent a team of private detectives out and we talked to cameras and we talked on how to try to avoid detection and talked about some gun shows we might want to go to. i had one guy walking around with a camera and these guys were pros. the allies and the years of engagement that said you can't talk to anybody but they were not so hampered and the shot a video and i'm going to show it to you. >> i'm going to let this speak for itself. >> i need to see your id. >> no background c

suspension of the tobacco sales permit. the reason for suspension, violation of state law and the san francisco health code which proprohibit the indoor smoking of tobacco products. director's case no. smk12-09 and we'll start with the appellant. you have seven minutes >> good evening, my name is bashir shahin, the owner of marrakech restaurant. thank you to the board of appeals for giving us a chance to express our thoughts and feelings. i am not here to argue or ask for anything unreasonable. just hoping that you will give us some leniency andtry to give us some mercy on this case, which is a small family business, trying to keep our doors open. we have been in business for the last 16 years. i have clean record with all departments. for the last few years we have been hit very hard by the recession and economy and it's been hard to keep our doors as well. we like to comply with the ordinance, with any laws that come through. just this particular matter is kind of confusing and that is why we got into this argument. and we're hoping to resolve it and get better results from this.

oath of office. our witnesses hail from every walk of life, education, academia, law enforcement, and public service. we are stroorl grateful to have with us, dr. janet robinson, superintendent of schools of newtown, connecticut. dr. emily nottingham, mother of gabe zimmerman, all of you may know was the victim in tucson nearly two years ago. chief scott knight, police department from minnesota to give us a school from middle america, from rural areas. and mayor michael nutter, president of the u.s. conference of mayors who has been a leader on this issue for a very long time. your voices and your contributions are playing a critical role in our effort to take these long overdue actions. we look forward to hearing your ideas and testimony and answering the call to action on gun violence prevention. we are especially pleased to be doing so on a day when our president, as we continue to mourn with the families of newtown, has told us that the time for action is now. we must do everything in our power to stop such terrifying violence in the future. we recognize these challenges are

. amendments and they need to be [applause] all across the country, law enforcement and the public are calling upon congress to strengthen our nation's laws. i ask you he our call and enact these sensible measures that will prevent further bloodshed. thank you. [applause] >> thank you all very much for what has been a most extraordinary, a powerful testimony. and prescriptions for us to take back and thank you for giving us the strength and the resolve to help make these changes. we cannot do it without you. i think you know we hope you know we are with you in trying to make these changes. we are now going to move to questions. i will introduce my colleague, mike thompson. a member of one of his vice chairs on the violence committee. we will have a one minute question and that will be when we get to dealing with our members. >> thank you. it gives me great pleasure to introduce one of the vice chairs on the task force to prevent violence. an expert in juvenile justice. our colleague from california in juvenile justice, and our and gentleman from virginia. mr. bobby scott. already had recommend

rights trumped, this new criminal law. and unfortunately, they prevailed. now, i don't think congress when it passed the federal communications decency act meant to allow companies to with kind of knowing disregard for the effects of their practices to enable this. but this is the challenge we face still and that we're preempted from the field. so we're going to try to go back again and work on this. backpage.com makes millions of dollars a year off of this practice. it's one of their primary practices s escort advertising, and they refuse to stop it. other online advertising companies that have this practice don't have the same problem. that's what my police department reports to me. the next step we're taking in seattle is we're going to have a conference of mayors up and down the i-5 corridor because what we know is these young women are brought from town to town. seattle police department studied this, and they tracked one phone number, all right, that was being advertised. and, again, we don't know whether it was underage or not, but neither does back page. and of course it was i

and we decided that we would call it seth's law in honor of her, she had been in and around sacramento for a long time. so the legislation in and of itself, i don't think it's going to work miracles, but it is definitely on people's radar now and i think you hear it in the media more and more. the reason we have a suicide barrier and the reason we are having legislation like this is because of the parents and the families because they are the ones that hurt the most and i would imagine part of the therapeutic thing, you've got to tell this story and telling it in the right place and the right time can be very effective. so seth's law does require that if you witness an act of bullying, that you must report it. >> is that for anybody? >> anyone, but particularly teachers. there is a -- sometimes we see things that aren't very pleasant and if you've ever taken it to muni, you know what i mean. your tendency is to turn away. i heard the word faggot on the play ground when i taught. the teachers were intimidated, they didn't want to be seen to have any empathy because that might refle

a reality. because while there is no law or set of laws that can prevent every senseless act of violence completely, no piece of legislation that will prevent every tragedy, every act of evil, if there's even one thing we can do to reduce this violence, if there's even one life that can be saved, we've got an obligation to try. and i'm going to do my part. as soon as i'm finished speaking here, i will sit at that desk and i will sign a directive giving law enforcement, schools, mental health professionals and the public health community some of the tools they need to help reduce gun violence. we will make it easier to keep guns out of the hands of criminals by strengthening the background check system. we will help schools hire more resource officers, if they want them, and develop emergency preparedness plans. we will make sure mental health professionals know their options for reporting threats of violence. even as we acknowledge that someone with a mental illness is far more likely to be a victim of violent crime than the perpetrator. and while year after year those who oppose even mo

donkey, or lack thereof. i love the picture. it reminded me of a priceless letter he sent to me in law school when he was over there in the peace corps. chris wrote wonderful notes and told me when he went running in the village where he was staying, only to have locals come up beside him and say where is it, where did it go. where is what? your donkey. i don't have a donkey. >> why are you running? [ laughter] >> for exercise. >> exercise? are you nuts? if you want exercise, come work on my orchard, you crazy american. >> chris succeeded because he knew how to laugh at himself and relate to people around him. there are two more memories i want to share. one deals with government and jazz. chris always wanted to work for the state department. he always wanted to be involved in the foreign service. he took the foreign service exam when we were undergrads at cal. he came back the first time, pleased with results on the written but felt he didn't do so well on the orals. the question that seemed to trip him up and left him perplexed was the following. mr. stevens, please compare american

. because the law is clear. before any hearing is conducted under this section, section 19-{^21} you shall provide permitee at least 20 days written notice. permitee only got 12 days. back to this document, you will see again, she was cited under section 19-21. let's keep looking at this document. failure -- down here in red ink says, "failure to appear may result in -- they have two boxes here. the second box is suspension, revocation of your permit to operate the above referenced site. the box is unchecked. you may have read in the respondent's supplemental brief. secondly, you will look at allowing illegal activity to occur on the premises. no reference. usually they might incorporate by reference, but there is no specified illegal activity. and then you see the notice of hearings, particularly in the massage business. most of the people are first-generation americans, with what they call with language problems. they have difficultis with the english language. english is a second language. how are they supposed to interpret this? are they lawyers? i have appeared on these and every

and the gentleman talking about going through law school in the '70s and i can relate to that experience going through night school. having a hard time trying to stay awake during procedures class. i recall a professor making key points and one thing he always said, you should always examine the issue of jurisdiction. i have two primary points on that issue. today as indicated or foreshadowed by brief the appellant decided to file an exemption and declare that they are going to be bond on the jurisdiction of the state of california. the california massage therapy council. i have that, if you could bring up the projector, please? it was filed today. >> what is this document sorry, i missed what you said it was. >> it's entitled -- this first one -- there is two of them. i'm sorry. for a state certified massage establishment. as you can see it's in order and has been received by environmental health section. there is also -- this actually goes to the planning department, but you file it through the health department. there is also a companion document entitled "declaration of exemption f

is an automoton, usually you can. the law has a bright line. it says if you engage in a wongful action, there is a defense called the insanity defense which never works as most of us know because we don't recognize it. should we recognize it, that's an interesting question. should we have a more robust concept of diminished responsibility in light of the understanding that some people have less control over their preferences and desires or should we have better sentencing schemes or get rid of incarceration and come up with different models of trying to deal with punishment once we understand people have wrong selections. i think those are all interesting questions, but is there free will? well, the fact that almost everybody in the audience raised either their right or left hand contemplated it and were quickly able to act and respond. that to me says, yes, there is. now what do we want to do about it? now that we understand that those of us in the audience or up here that like chocolate cake may not have control over it, how do we want to account for that if at all in the criminal ju

cases against that school discipline, but holly has come up with a really wonderful solution within law enforcement that we would love you to talk about and it's preventive and solution. >> thank you. it's not going to be a shock to you that i don't have a sizzle reel but i did manage to get a few powerpoint slides in so it's a good thing if i can get my next one. can you advance it for me please? so it is a safety course that i created with yahoo. we partnered together. i started asking questions the first day so my boots are on the ground and i'm in the schools and i love doing what i do, and i believe wholeheartedly and i believe it was the soft power -- yes, i love it. i think it's effective in so many ways, so i had luckily teamed up with the right people at yahoo who were really amazing and just the foresight they saw, and believed in the concept that law enforcement needs to be a piece of this puzzle and have some solutions. we have a unique part in the schools and with kids and this did get certified for the peace officer standards and we get credit for that being police

of the tools they need to help reduce gun violence. >> bill: outgauge in progun circles about a possible law compelling medical people to ask some americans about gun ownership. we'll get to the bottom of that. >> the more i think about it, the more it seems that colin powell's appearance on meet the press was well coordinated with the white house. charges by laura ingraham by powell and others played the race card at the behest of president obama. ms. ingraham will be here. caution, you are about to enter the no spin zone, the factor begins right now. >> bill: hi, i'm i'm bill o'reilly. thanks for watching us tonight. evil on the internet. that is the subject of this evening's talking points memo. whether we know it or not all of us are being influenced by the net. the machines have changed everything in our lives. 245 million americans three quarters of the population have access to the net. worldwide 2.4 billion people have net capability. a third of the world's population. and as you know, if you use the internet, there is a tremendous evil available at your finger tips. pedophilia, drug

years in each manner by law they direct. mr. goodlatte: i now yield to the gentleman from illinois, mr. lipinski. mr. lipinski: the number of representatives shall not exceed one for every 30,000, but each state shall have at least one representative, and until such enumeration shall be made, the state of new hampshire shall be entitled to choose three, massachusetts eight, rhode island and providence plantations one, connecticut five, new york six, new jersey four, pennsylvania eight, delaware one, maryland six, virginia 10, north carolina five, south carolina five, and georgia three. mr. goodlatte: i now yield to the gentleman from arizona, mr. barber. mr. barber:when vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. the house of representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. mr. goodlatte: i now yield to the gentleman from florida, mr. desantis. mr. desantis: section 3, the senate of the united states shall be composed of two senato

law enforcement official, gun rights activists who know firsthand why so many americans have chosen to arm themselves in order to protect their families. first, let's recap what was proposed earlier this we thiek. in addition, the president outlined legislative proposals and calling for the passage of a universal background check, something that critics say could lead to a gun ordinance data base and wants the assault weapons ban reinstated, an a ten round limit on magazines, and restrictions on bullets that can be possessed and manufactured and discussed a new gun trafficking law that penalizes those who help criminals obtain firearms, on wednesday, the americans called on americans to pressure their ehe lekted representatives in supporting these measures. let's take a look. >> get them on record, ask your member of congress if they support universal background checks to keep guns out of the wrong hands, ask if they support a ban on military style assault weapons and high capacity magazines, if they say no, ask them why not. ask them what's more important, doing whatever it takes t

partnership in south florida with local law enforcement who had gone into schools talking about bullying, including cyber bullying and giving people concrete examples of things of situations they saw, it was remarkable. and that is why we will continue to do that work. so i hope today as we move forward you will understand that we are in this together with you at the department of justice. this is an all hands on deck enterprise. there is so much to do. i hope at the end of this day we will indeed all follow the lead of that student, walk out and say what are one or two things i'm going to do differently and better? how are we going to improve this situation? i hope if you take one and only one thing from melinda and my and ruslyn's remarks today, if you have an idea, please bring them to us. we want to learn from you. we are in this together and i want to say thank you because the most important thing we have is a recognition that you understand that this is indeed a national issue for us to deal with. i'm looking forward to the rest of the day, i appreciate your presence and i

rulemaking to make law enforcement the ability to run a full background check on an individual before returning a seized the gun. published a letter from the bureau of alcohol, tobacco, firearms and explosives to federally licensed gun dealers providing guidance on how to run background checks for private sellers. launch a national safe and responsible gun ownership campaign. review safety standards for gun locks and gun saves. issue a presidential memorandum to require federal law enforcement to trace guns recovered in criminal investigations. we will read more of those as the go through this morning. gun owners only for the first segment. this call is from connecticut. good morning. caller: good morning. how're you doing. i think like all politicians, he is muddying the waters. mr. obama is doing something totally unconstitutional to begin with. that is neither here nor there. the government has gotten so large and so big, they are involving themselves in everything not important to the average citizen. it is my opinion that what we need to do is to stop all of the stuff the governm

organization that you trust is going to give you real information and support the kinds of laws that they're supporting rather than one that's maybe a bill posed by the industry that, guess what, wants to be self-regulating. okay, so now we are moving to the driveway, and this is really interesting because we think about low emissions cars as being really important for maybe climate change but they also might be important for breast cancer because when fuel is burning and you guys are familiar with chemicals that, you know, come bust, lower emissions vehicle, one that's more efficient may reduce these pah's in our air and especially in urban areas reduce exposures to those compounds which is really pornts, so thinking about hybrid or electric, we're all lucky enough to take public transit and reduce those overall exposures or -- yeah? >> i believe so, is that true? yes, my science advisors, that's why they're here. >> [inaudible]. >> yeah. there are a lot of carcinogens in diesel exhaust, yeah. >> [inaudible]. >> well, you're still seeing an oil that combusts, some of them we know burn m

to discuss ways to prevent gun violence. later, bob goodlatte talks about his opposition to new gun laws. >> president obama launched his effort to reduce gun violence wednesday, calling for action and don't congress and signed in 23 consecutive quarters to deal with the issue. speaking before an audience that included the families of those killed in last month's newtown shooting, the president called for an assault weapons ban, better background checks, and more funding for police and mental health services. this is 25 minutes. >> ladies and gentlemen, the president and vice-president of the united states. >> please, please be seated. thank you. before -- before i begin today, let me say to the families of the innocence that died, our hearts go out to you and you incredible courage being here and the president and i will do everything in our power to honor the memory of your children and your wives with the work we take up here today. it's been 33 days since the nation's heart was broken by the horrific, senseless violence that took place at sandy hook elementary school. 20 -- 20 beauti

'a law, making it difficult for jews and christians to reside in a country where they once had. under this administration's watch, like i said, we throw our allies under the bus and the taliban has come back almost as strong as ever. not quite. some of my northern alliance friends told me in one of our visits over there that on national television last year taliban leader that this administration released for humanitarian purposes from gitmo didn't seem to be having health problems and was on national television and was making clear that the u.s. would be withdrawing in the next year or two and that when they did, the taliban would be back in charge as they were before. and so it was time to come beg forgiveness from the taliban and ask for their protection under shari'a law. and that doesn't sound like we're going to be in a whole lot better position after all the losses of life. all of the service members who have laid down their lives in afghanistan, continue to do that as we speak, because the commander in chief has them there without any real mission, laying down their lives. and

on together but he proactively came for this bill, s.b. 1506, to say that he's been law enforcement for 30 years and bring back 30-year experience to this consideration of this bill, and he said this bill makes sense because drug treatment works and this is in spite of the fact we'll be battling the district attorneys along with many other arms of public safety. [laughter] >> we've got the data, we've got the facts and we know this will provide great benefit to our communities, to our neighborhoods, and to all of california. thank you for your support. [applause] >> tal, i want to go back to the question that marty posed earlier, which is in effect this idea that in order to incentivize people making the decision to seek treatment that the fear of a felony conviction or possible state prison sentence could play a positive role. you talk to a lot of people charged with crimes who are trying to make the decision of what decision to make, what is the primary motivation you see coming from them. how do they decision make on dispositions related to drug possession as a felony? >> i think that f

, there are federal background checks already, so he may expand that law. host: take a look at what the washington post says president obama is expected to say later this morning. background checks for all firearms buyers, as did the assault weapons and high capacity ammunition clips. some of those or most of those would have to be done through congress. but perhaps he does some other enhance the database and other things by executive order. caller: defining who is crazy and who is not or maybe someone is distressed because they lost their job, it is going to be very difficult to define mental health. how do they get access to those records. is it a federal? that is the thing. people will say, is my doctor or psychiatrist spying on me? there may be less people going to see a therapist or a psychiatrist because they are afraid they will spy on them and report information back to the federal government. host: let's go back to what you said at the beginning when you talk about the politics of this. this headline -- that was in reference to what harry reid had said. some democrats backing down from an

conversations with superintendents and law enforcement officials as well about how we can address this data integrity issue and how a school won't be hoisted by their own petard because they had the courage to collect the data when other schools kind of look the other way. so, again, it's a hard question to answer in ways that are other than anecdote. there have been survey data and things of that nature, but i feel uncomfortable saying unequivocally this is what we know, these are the trends. i like to be evidence based and i'm not sure the evidence allows that. >> roslyn, challenges to you and secretary duncan. >> for the first time you can see data for the first time about the -- discipline and students referred to law enforcement, suspensions more than once. on the bullying and harassment we are also collecting for the first time ever data on the number of incidents of students disciplined for bullying and harassment. they are not exactly reliable. lots of folks aren't collecting this. our collection is at the school level so you could go and see all this data that pop out in nice

of these houses for code violations but not for so-called birth tourism. that's because under current federal laws, it's not illegal. >> legally barred from denying a visa on the basis of someone being pregnant. >> reporter: that's the way it should be, say the parents of 3 month old francine. the family traveled to a u.s. maternity hotel so she could be born in america. dad is a naturalized u.s. citizen and says he understands why chinese citizens come to the u.s. to give birth. >> they pay the fee, they got a visa, they do it legally so some people are upset saying the chinese are taking advantage of the services. well, can say the same thing to americans, some of them, taking advantage of chinese services in china. >> reporter: back at this house, workers continue to move in baby items, prep for meals and the shadow industry continues to thrive right in the open. kyung lah. >>> executive order. president obama is making good on his promise to support new ways to curb gun violence. tomorrow he's expected to embrace 19 steps, 19. they like having lots of things on their list of things to do. he s

. president obama urging congress to pass laws banning military-style assault weapons and high capacity ammunition magazines. u.s. officials confirm americans are among the hostage that militants took when they attacked a natural gas field in algeria. on this day now 1945 descended into german bunker months before his apparent suicide. at the time it was clear that germany was about to lose the war but instead of escaping to another country. hitler chose his bunker 55 feet below his headquarters in central berlin. that's where he would marry his long-time companion ava bron. after getting word the russians russians were fast approaching. hitler and his wife took cyanide pills and died. a dictator first went into hiding 68 years ago today i'm bill hemmer in for shepard smith. see you back here tomorrow night. here is bill. >> bill: the o'reilly factor is on. tonight: >> there will be pundits and politicians and central interest lobbists publicly warning of a tyrannical all out assault on liberty. >> bill: president obama changing america's gun landscape. is it constitutional? is it the r

. also, the government has an obligation to protect americans with laws that do not harm law abiding citizens. that means that any new gun laws must allow we, the people, to protect ourselves as the founding fathers mandated. talking points has no problem with background checks. or with gun registration. after all, we register our cars. but these things should be decided by the individual states, not the federal government. if the state like new york wants to ban assault rifles, fine. but wyoming may not want to do that. and the feds should respect the states' rights. what president obama can do is make all gun crimes federal crimes. congress can forbid individuals from crossing state lines with certain types of weapons. bank robbery is a federal crime. so is some drug dealing. why not put gun felonies in that category? let's take a look at chicago which has banned handguns. more people were murdered by guns in chicago in 2012 last year than were killed among coalition forces in afghanistan. obviously the gun ban in coshocton doesn't work. do we all get that? what would work is a 10-

acts of violence. the afternoon's panel will have a debate about a proposed law that would reduce felony drug possession crimes to a misdemeanor. this is what 13 states have done. we not only bring these issues to the forefront, but have the opportunity to participate -- and we have cards that you could fill out and questions. this promises to be a year of reform and change like we have never seen, and we now see prisoner reentry programs being implemented. we're still spending too much money and resources and not enough on rehabilitation and reentry. this november, the voters will decide on limiting the three strikes law. issues and measures long overdue. it is clear there is much more that needs to be done. according to a study that was published this month -- since 1989, 2000 people have been wrongfully incarcerated and they served collectively, 10,000 years. an average of 11 years person. i would like to thank the people who made this summit possible. memoranda -- amy devon -- many volunteers and all of our speakers and panelists. i would like to thank the co- sponsors, and th

, in fact, next week with the commit staff working on the bill to have california's law conform for the federal law. cap and trade another very large statewide issue. san francisco as a city family is engaging on that through our advocacy, our lobbyists, as well as the league of cities, california state association of counties and others who have an interest in making sure that local government and transportation programs in particular, given that transportation emits 38% of the state's greenhouse gas emissions do see some benefit from the auction revenues that are generated. 4 and 5 together, 4 we really are looking at the final closeout of the high speed rail bond program, which san francisco has received its allocation from that. and the companion proposition 1b we received really great news that $117 million check is being suspect for the central project. that project has proven it's readiness to spend those kind of funds and our project in san francisco is a really good example to the state in terms of readiness, if you will for these bond programs. leading to what does the

aggressive prosecution of existing laws. let me separate this out a little bit. the first three items are things he's going to ask congress to do. there are actually already bills that have been introduced in the united states senate that deal with those three items. the fourth item has to do with people who essentially lie on background checks, they fail background checks. there were over 71,000 people in 2009 who failed on a background check in an attempt to purchase a gun, but only 44 of those folks were prosecuted. so the president is essentially going to order his justice department to say you know what, don't let these people fall through the cracks, prosecute the laws on the books. and interestingly enough, brian, this is something the nra, this last proposal, is something the nra says it supports. we'll see. this is going to be a tough road to hoe in congress, we know that, but one of the things about this, brian, one gun control activist said to us this is the most sweeping gun proposals since 1968, following the assassinations of r.f.k. and m.l.k. >> thanks, chuck todd at th

accepted from community colleges. >> san francisco's law banning public nudity goes into effect but today it is challenged in federal court. a lawsuit filed by four in november seeks an injunction based on constitutional rights. the city attorney will argue on behalf of the ordinance in the district court in san francisco. the attorney arguing for the plaintiffs wants it to apply to all nude its not just the four that filed suit. >> notre dame could hold a news conference today on the shocking story of the national college football star who claims he was a victim of a terrible hoax. grieving the death of his girlfriend exposed as a hoax. an investigation is underway whether teo is the victim or the massacre mind. all american linebacker and heisman trophy finalist he gained national sympathy and attention when his grandmother died and on the same day so did an alleged girlfriend from leukemia. now a website has uncovered that no such young woman existed. he admits the relationship was online and by phone and claims he was duped by someone using stolen pictures of a woman who does not know

of the administration's push for new gun laws and the post newtown era. lou: msn bcf shultz went one step further. incredulously telling his audience that the reason for chicago, which is arguably the toughest anti-gun laws in the nation turning into the murder capital of america is all because of their lack of gun laws. >> a city that has got the strictest gun laws of america put forth by a mayor bloomberg verses of the gun laws that apparently don't even exist in chicago, you have to totally different numbers when it comes to lives lost. lou: chicago, of course, as we reported here extensively has some of the toughest gun-control laws in the country. those laws not only preventing -- not preventing the over 500 murders in the presidents of town last year. meanwhile senator chuck schumer of new york calling and the nation's largest gun retailers to join the anti second amendment campaign. he wants those retailers to voluntarily halt the sale of so-called assault weapons while congress debates stricter legislation. the center writing to walmart in the sports authority, among others, accusing thei

are the solutions? well, federal action is yielding some progress. the brady law of 1994 has blocked the sale of firearms over 1.6 million felons, fugitives and other individuals. still, more is needed. proactive approaches include renewing the assault weapons ban, closing the gun show loophole and mandating installation of trigger locks and eliminating influxes of cheaply-made weapons. this doesn't infringe on anyone's right to bear arms in this nation, but we have to do things that are common sense. there are guns that have been outlawed in this nation's history. you cannot get a submachine gun or a sawed-off shotgun, why shouldn't assault weapons be added to that group? also, gun buy-back programs in my state have removed hundreds of guns from the streets and i am considering offering legislation to bring these programs to scale on the federal level to help stem the tide of violence. these measures would undoubtedly save lives. enough is enough. it is time to take action. thank you, madam chairwoman. and i yield back the balance of my time. ms. fudge: thank you so much. i thank the gentlem

before you can run. legitimate tors should work on a series of realistic incrementle laws that would rebuild competent and trust. this morning from the "new york times." and so the question this morning -- just what should the role be of government in solving america's problems. eisenhower's address referred to the military complex. since we have had ten presidents since he delivered those words from the white house just three days before john f. kennedy was sworn in. here is a portion from his farewell address. >> crisis there will continue to be. in meeting them whether foreign or domestic, great or small, there is a temptation to feel could become to all our difficulties. development of unrealistic programs to cure every ill in agriculture. a dramatic expansion in research. these and many other possibilities, each possibly promising may be suggested as the only way to the road we wish to travel. but each proposal must be weighed in the light of a broader consideration, the need to maintain balance in and among national programs. balance between the private and the public economy,

such great pride in the rule of law to have someone come to grips with the place of guns and violence. before we begin this discussioncomes out to you on personal anecdote. three days before the sandy hook shooting, as in denver colorado on personal business and i was driving to the denver suburbs and i passed into oruro, colorado and saw the sign that to myself, as journalists often do, my god, this just disappeared from our landscape. it happened not that long ago and a young man now appears to be utterly deranged, went to the theater and began shooting people with an assault weapon. and it went away. it is not part of a presidential debate, not part of the daily journalistic diet. so that wednesday night, i e-mailed the reduced their of the "meet the press" show coming up on that sunday in which they would be talking about big ideas that needs to be thinking about. and i said you should put shooting at the top of the list. we've been through oruro, the sikh temple, the shopping mall. think about this. this is before we got to sandy hook in it. we had a time of absolute carnage in america t

, and the resulting discrepancy with federal law. i was wondering if you could please talk about what motivated you to write the letter and what you believe the correct approach might be. >> i have a real concern for states' rights. we vermonters like to the extent we possibly can to determine our own laws. i assume most other states do. i want -- i'm raising the question with the federal authorities. i don't want to prejudge what might be said in a hearing, but i am concerned that just because marijuana is illegal, possession of it, under federal law, that we are just going to ignore what states do and send law enforcement in there to enforce the federal law even though the states have a different view on it. we don't do it in most other areas, and so i'd like to have some clarification of that. i also must say, my own predilection is that i hate to see a great deal of law enforcement resources spent on things like the possession, use of marijuana when we have a -- murder case, armed robbery -- murder case, armed robbery cases, things like that that go unresolved. let's see what he they come up wi

signed into law a new measure expanding the ban on assault weapons in his state, limiting ammunition clips to 7 rounds and imposing a mental health screening for purchases of weapons. we will spend the rest of the hour on u.s. gun violence of the headlines. the house has approved a $50 billion package for victims of superstorm sandy after failing to pass the measure before the previous congressional term ended last month. republicans have come under wide criticism after delaying the vote forcing millions of sandy victims to continue waiting for federal aid. tuesday's legislation was approved over the objections of 80 republicans who demanded any spending on sandy relief be matched by an equal amount in cuts to government spending. french troops are preparing to engage in direct combat with rebels in mali after beginning the first ground offensive of the military intervention. france has launched air strikes in mali for the past six days in a bid to oust rebels that have held the country's north since march. french forces began heading north overnight, setting the stage for clashes on

and dad? >> 23 people. the first real mass shooting in 1991. john: people say tougher gun laws. views say the opposite. and you wrote a book about it. explain your reasoning. >> at that time you could not get a concealed carry permit. they did not exist. i would leave my gun in my car we were having lunch. a mad man drove his truck to the window and began executing people. i cannot tell you what it is like to be a fish in a girl waiting to be your turn. it just prevented us from being able to protect ourselves. john: leland yee you disagree? >> i used to work in the school as a psychologist. i don't know if any teacher or administrator that wants to carry a gun into a classroom or school. then why not supermarkets? hospitals? john: find. >> that is not the way we want to operate. in california we are about educating kids not to pack a gun and shoot them if somebody comes into your school. >> we're not talking about the children to carry weapons for the people who can already carry in the supermarkets. >> what is the lesson that we say to the kids? when you grow up to solve your problem ca

use if that use was generally recognized as being a sporting purpose. it was already the law, but he took executive action under that law to ban the importation of specific weapons. the gun control act of 1968 that gave him that power was passed in the wake of robert kennedy and martin luther king. and it is what gave george h.w. bush to take that executive action that he took banning some rifles. in 1989, two months after that schoolyard massacri in stockton, california. years later, president clinton followed in his footsteps. president clinton, in 1998, took executive action as president to ban the importation of more than 50 different kinds of semiautomatic assault weapons. and it was in addition to the assault weapons ban. this was further action taken by the president alone in 1998. he took executive action to ban the importation of certain kinds of guns. today, president obama became yet another modern president to use his executive authority for reform of gun-related laws. president obama did not use his authority as his predecessors did. and i mean that in this sense. none o

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